Legal Opinion
People v. O.P.
California Court of Appeal
Decided July 13, 2012No. C066319PublishedCited by 7 opinions
1Opinion of the Court
Opinion
RAYE, P. J.
A prosecutor charged 13-year-old O.P., who is mildly mentally retarded,1 with assault with a deadly weapon; a court found he was not competent to stand trial, and pursuant to a challenged special instruction, the jury may have found him dangerous solely because he is an incompetent defendant charged with a violent felony. He contends the special instruction renders his civil commitment unconstitutional. (Welf. & Inst. Code, § 6500.)2 We agree.
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MOOTNESS
Following an 11-day jury trial, the court committed O.P. to Porterville Developmental Center (Porterville) and set a…
2Cases cited12 opinions
- Addington v. TexasSupreme Court of the United States · 1979
- Heller v. Doe Ex Rel. DoeSupreme Court of the United States · 1993
- Kansas v. HendricksSupreme Court of the United States · 1997
- Kansas v. CraneSupreme Court of the United States · 2002
- Hubbart v. Superior CourtCalifornia Supreme Court · 1999
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3Cited by7 opinions
- People v. CuevasCalifornia Court of Appeal · 2013
- Calloway v. Super. Ct.California Court of Appeal · 2015
- Conservatorship of H.W. CA2/6California Court of Appeal · 2016
- Kern Regional Center v. H.S. CA5California Court of Appeal · 2021
- Kern Regional Center v. R.G. CA5California Court of Appeal · 2021
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